RA 9165, also known as the Comprehensive Dangerous Drugs Act of 2002, aims to protect people, especially youth, from harmful effects of dangerous drugs. It pursues this through apprehending those involved in drug trafficking or use, balancing access to medications for legitimate needs, and providing treatment programs. Dangerous drugs include marijuana, ecstasy, cocaine, shabu (meth), and opium. The law defines trafficking as cultivation, delivery, sale, and possession of dangerous drugs. Penalties range from fines to life imprisonment or death depending on the type and amount of drug involved and any aggravating circumstances. Possession of drug paraphernalia is also punishable if intended for drug use.
RA 9165, also known as the Comprehensive Dangerous Drugs Act of 2002, aims to protect people, especially youth, from harmful effects of dangerous drugs. It pursues this through apprehending those involved in drug trafficking or use, balancing access to medications for legitimate needs, and providing treatment programs. Dangerous drugs include marijuana, ecstasy, cocaine, shabu (meth), and opium. The law defines trafficking as cultivation, delivery, sale, and possession of dangerous drugs. Penalties range from fines to life imprisonment or death depending on the type and amount of drug involved and any aggravating circumstances. Possession of drug paraphernalia is also punishable if intended for drug use.
RA 9165, also known as the Comprehensive Dangerous Drugs Act of 2002, aims to protect people, especially youth, from harmful effects of dangerous drugs. It pursues this through apprehending those involved in drug trafficking or use, balancing access to medications for legitimate needs, and providing treatment programs. Dangerous drugs include marijuana, ecstasy, cocaine, shabu (meth), and opium. The law defines trafficking as cultivation, delivery, sale, and possession of dangerous drugs. Penalties range from fines to life imprisonment or death depending on the type and amount of drug involved and any aggravating circumstances. Possession of drug paraphernalia is also punishable if intended for drug use.
RA 9165, also known as the Comprehensive Dangerous Drugs Act of 2002, aims to protect people, especially youth, from harmful effects of dangerous drugs. It pursues this through apprehending those involved in drug trafficking or use, balancing access to medications for legitimate needs, and providing treatment programs. Dangerous drugs include marijuana, ecstasy, cocaine, shabu (meth), and opium. The law defines trafficking as cultivation, delivery, sale, and possession of dangerous drugs. Penalties range from fines to life imprisonment or death depending on the type and amount of drug involved and any aggravating circumstances. Possession of drug paraphernalia is also punishable if intended for drug use.
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What is the purpose for enacting RA 9165?
RA 9165 safeguards the well-being of the people, particularly the youth,
from the harmful effects of dangerous drugs.
What is the purpose for enacting RA 9165?
Person involved either in: The trafficking, or Use of dangerous drugs and other similar substances.
How does the state pursue its anti-drug policy through RA 9165? The state pursues its anti drug policy through RA 9165 by: Apprehending persons involved in the trafficking and use of dangerous drugs and imposing the appropriate penalties as provided for in the Act;
Achieving a balance in the national drug control program so that people with legitimate medical needs are not prevented from being treated with adequate amounts of appropriate medications that include the use of dangerous drugs; and
Providing sustainable program of treatment and rehabilitation to those who have fallen victims to drug abuse or dangerous drug dependence.
Who are the so-called dangerous drugs? RA 9165 provides several list of all known dangerous drugs and their associated substances. Here, however, are some of the most commonly abused substances:
marijuana, marijuana resin, or marijuana oil
Methylenedioxymethamphetamine (MDMA) or commonly known as Ecstasy, paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma hydroxybutyrate (GHB), and those similarly designed or newly introduced drugs and their derivatives that have no therapeutic value.
Methamphetamine hydrochloride or commonly known as shabu, ice, or meth Opium Morphine Heroin Cocaine or cocaine hydrochloride
What constitutes trafficking and use of dangerous drugs?
Trafficking refers to cultivation, culture, delivery, administration, dispensation, manufacture, sale, trading, transportation, distribution, importation, exportation, and possession of any dangerous drug and/or controlled substance.
Use refers to any act of injecting (intravenously or intramuscularly), consuming (chewing, smoking, sniffing, eating, swallowing, drinking) or any other means through which dangerous drugs are introduced into the physiological system of the body. Specially, what are the punishable acts referred to by trafficking and use and their corresponding penalties?
Punishable Act Penalty 1. Importation A. of dangerous drugs
B. of controlled precursor and essential chemical
* Act/s A and/or B through the use of a diplomatic passport
Life imprisonment to death + Fine of P 500,000 to P 10,000,000 Imprisonment of 12 to 20 years + Fine of P 100,000 to P 500,000 Maximum penalty +Death + Fine of P 10,000,000 Punishable Act Penalty As financier of acts A and/or B
*Asprotector/coddlerof acts A and/or B
2. Sale, trading, administration, dispensation, delivery, distribution and transportation
A. Of dangerous drugs
B. Of controlled precursor and essential chemical
- If act/s A and/or B transpires within 100 meters from school
Maximum penalty +Death + Fine of P 10,000,000 Imprisonment of 12 to 20 years + Fine of P 100,000 to P 500,000
Life imprisonment to death +Fine of P500,000 to P 10,000,000 Imprisonment of 12 to 20 years + Fine of P 100,00o to P 500,000
Maximum penalty +Death + Fine of P 10,000,000 Punishable Act Penalty -If act/s A and/or B employed minors or the mentally incapacitated as runners, couriers, and messengers
-If the victim of act/s A and/or B is a minor or mentally incapacitated
-If A and/or B in question is the proximate cause of death of a victim
-As financier of acts A and/or B
-As protector/coddler of acts A and/or B
Maximum penalty +Death + Fine of P 10,000,000
Maximum penalty +Death + Fine of P 10,000,000
Maximum penalty +Death + Fine of P 10,000,000
Maximum penalty + Death + Fine of P 10,000,000 Imprisonment of 12 to 20 years + Fine of P 100,000 to 500,000 Punishable Act Penalty 3. Maintenance of a den, dive or resort
A.. Where any dangerous drug is used or sold
B. where any controlled precursor and essential chemical is used or sold
- If victim of act/s A and/or B is a minor
Life imprisonment to death + Fine of P 500,000 to P 10,000,000 Imprisonment of 12 to 20 years + Fine of P 100,000 to P 500,000
Maximum penalty + Death + Fine of P 10,000,000 Punishable Act Penalty - If usage of A and/or B in the above den, dive or resort is the proximate cause of death of a victim - If owner of den, dive or resort is a third party - As financier of acts A and/or B
- As protector/coddler of act/s A and/or B
4. Employees and/or knowing visitors of a den, dive, or resort
Death + Fine of P 1,000,000 to P 15,000,000
Confiscation of property in favor of government
Maximum penalty +Death + Fine of P 10,000,000 Imprisonment of 12 to 20 years + Fine of P 100,000 to P 500,000
Imprisonment of 12 to 20 years + Fine of P 100,000 to P 500,000 Punishable Act Penalty 5. Manufacture
A. of dangerous drugs
B. of controlled precursors and essential chemicals
-The presence of any controlled precursor and essential chemical or laboratory equipment in the clandestine laboratory equipment in the clandestine laboratory is a prima facie proof of manufacture of any dangerous drug.
Life imprisonment to death + Fine of P 500,000 to 10,000,000 Imprisonment of 12 to 20 years + Fine of P 100,000 to P 500,000
Punishable Act Penalty Aggravating circumstances: If any phase of the manufacturing process was: (a) Conducted in the presence or with the help of minor/s (b) Established or undertaken within 100 meters of a residential, business, church or school premises. (c) Laboratory was secured or protected with booby traps. (d) Laboratory was concealed with legitimate business operations. (e) The employment of a practitioner, chemical engineer, public official or foreigner
Punishable Act Penalty As financier of the manufacture of dangerous drugs and/or its controlled precursors and essential chemicals As protector/coddler of the manufacture of dangerous drugs and/or its controlled precursors and essential chemicals
6. Illegal chemical diversion of controlled precursors and essential chemicals
Maximum penalty +Death + Fine of P 10,000,000
Imprisonment of 12 to 20 years + Fine of P 100,000 to P 500,000
Imprisonment of 12 to 30 years + Fine of P 100,000 to P 500,000 Punishable Act Penalty 7. Manufacture or delivery of equipment, instrument, apparatus, and other paraphernalia for dangerous drugs and/or controlled precursors and essential chemicals If said manufacturer or delivery of equipment instrument, apparatus or paraphernalia is intended for injection, ingestion, inhalation or the introduction into the human body of a dangerous drug
Imprisonment of 12 to 20 years + Fine of P 100,000 to P 500,000
Imprisonment of 6 months to 4 years + Fine of P 10,000 to P 50,000 Punishable Act Penalty Use of a minor or mentally incapacitated individuals to deliver such equipment, instrument, apparatus, and other paraphernalia 8. Possession of dangerous drugs A. 10 grams or more of opium 10 grams or more of morphine 10 grams or more of heroin 10 grams or more of cocaine or cocaine hydrochloride 50 grams or more of methamphetamine hydrochloride or shabu Maximum penalty + 20 years imprisonment + Fine of P 500,000.00
Life imprisonment to death + Fine of P 500,000 to P 10,000,000 Punishable Act Penalty 10 grams or more of marijuana resin or marijuana resin oil 500 grams or more of marijuana 10 grams or more of other dangerous drugs such as, but not limited to methylenedioxymethampheta mine (MMDA) or ecstacy, paramethoxyampetamine (PMA), trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma hydroxybutyrate (GHB), and other similarly designed or newly introdced drugs and their derivatives Life imprisonment to death + Fine of P 500,000 to P 10,000,000
Punishable Act Penalty B. 10 grams or more but less than 50 grams of shabu
C. 5 grams or more but less than 10 grams of: opium morphine morphine cocaine or cocaine hydrochloride marijuana resin or marijuana resin oil shabu other dangerous drugs ecstacy, PMA, TMA, LSD, GHB; Life imprisonement + Fine of P 400,000 to P 500,000
20 years of life imprisonment + Fine of P 400,000 to P 500,000 Punishable Act Penalty Or 300 grams or more but less than 500 grams of marijuana D. Less than 5 grams of opium morphine morphine cocaine or cocaine hydrochloride marijuana resin or marijuana resin oil shabu other dangerous drugs ecstacy, PMA, TMA, LSD, GHB;
Imprisonment of 12 to 20 years + Fine of P 300,000 to P 400,000 Punishable Act Penalty or less than 300 grams of marijuana
9. Possession of equipment, instrument, apparatus, and other paraphernalia for dangerous drugs Such possession shall be prima facie evidence that the possessor has used a dangerous drug in violation of section 15 on Drug Use.
10. Possession of dangerous drugs during parties, social gatherings, or meetings
Imprisonment of 12 to 20 years + Fine of P 300,000 to P 400,000
Imprisonment of 6 months to 4 years + Fine of 10,000 to 50,000
Maximum penalty of section 11 on Possession of Dangerous Drugs \+ death + P 10,000,000 Punishable Act Penalty 11. Possession of equipment, instrument, apparatus and other paraphernalia for dangerous drugs during parties, social gatherings, or meetings 12. Use of dangerous drugs First offense, after a confirmatory test Second offense
13. Cultivation or culture of plants classified as dangerous drugs or are sources thereof Maximum Penalty of Section 12 on Possession of Equipment, etc. for Dangerous Drugs + 4 years Imprisonment + P 50,000 fine
Minimum of 6 months rehabilitation in a government center Imprisonment of 6 to 12 years + Fine of P 50,000 to P 200,000
Life imprisonment to death + Fine of P 500,000 to P 10,000,000
Punishable Act Penalty 13. Cultivation or culture of plants classified as dangerous drugs or are sources thereof
As financier of such cultivation
As protector/coddler of such cultivation The land or portions thereof and/or greenhouses on which any of said plants is cultivated shall be confiscated and escheated in favor of the state.
Maximum penalty + death + Fine of P 10,000,000
Imprisonment of 12 to 20 years + Fine of 100,000 to P 500,000 Under the act, who are required to undergo drug testing? Person/s
Type of drug testing required 1. Applicants for drivers license
2. Applicants for firearms license and or permit to carry firearms outside residence
3. Students of secondary and tertiary schools
Mandatory
Mandatory
Random, pursuant to the rules in the schools student handbook and with notice to the parents, expenses of which will be borne by the government Under the act, who are required to undergo drug testing? Person/s Type of drug testing required 4. Officers and employees of public and private offices
5. Officers and members of the military, police and other law enforcement agencies
6. All persons charged before the prosecutors office with a criminal offense having an imposable penalty of imprisonment of not less than six years and one day Random, as contained in the companys work rules and regulations, which will be borne by the employer
Mandatory and annually
Mandatory Under the act, who are required to undergo drug testing? Person/s Type of drug testing required 7. All candidates for public office whether appointed or elected both in the national or local government mandatory What happens when anyone of the above are found positive for dangerous drugs? They Shall be subjected to the provisions of Section 15 on the use of Dangerous Drugs, where the violator upon first offense will be penalized with a minimum of six months rehabilitation in a government center, and upon second offense will be penalized with imprisonment of 6 to 12 years and fined from P 50,000 to P 200,000. What does the Act say about the participation of the family, students, teachers, and school authorities in the enforcement of the new drug laws? A. THE FAMILY being the basic unit of the Filipino society shall be primarily responsible for the education and awareness of the members of the family on the ill effects of dangerous drugs and close monitoring of its members who may be susceptible to drug abuse B. ALL STUDENT COUNCILS AND CAMPUS ORGANIZATIONS of elementary, secondary, and tertiary schools shall include in their activities a program for the prevention of and deterrence in the use of dangerous drugs, as well as referrals for treatment and rehabilitation of students for drug dependence. C. CURRICULA of all elementary, secondary, and tertiary public and private schools-whether general, technical, vocational, or agro-industrial-shall integrate instruction on drug abuse prevention and control. Such instruction shall include:
1) Adverse effects of the abuse and misuse of dangerous drugs on the person, the family, the school, and the community; 2) Preventive measures against drug abuse 3) Health, socio-cultural, psychological, legal, and economic dimensions and implications of the drug problem; 4) Steps to take when intervention on behalf of a drug dependent is needed, as well as the services available for the treatment and rehabilitation of drug dependents; and 5) Misconceptions about the use of dangerous drugs such as, but not limited to, the importance and safety of dangerous drugs for medical and therapeutic use as well as the differentiation between medical patients and drug dependents in order to avoid confusion and accidental stigmatization in the consciousness of the students. ALL HEADS, SUPERVISORS AND TEACHERS OF SCHOOLS shall deemed persons in authority and, as such, are hereby empowered to apprehend, arrest, or cause the apprehension or arrest of any person who shall violate any of the said provisions. They shall be deemed persons in authority if they are in the school or within its immediate vicinity, or even beyond such immediate vicinity if they are in attendance at any school or class function in their official capacity as school heads, supervisors, and teachers. Does the Act also cover out-of-school youth? YES. With the assistance of the Dangerous Drugs Board, the Department of the Interior and Local Government (DILG), the National Youth Commission (NYC) and the Department of Social Welfare and Development (DSWD) shall establish in their provincial offices a special education drug center for out-of-school-youth and the street children. Such Center, which shall be headed by the Provincial Social Welfare Development Officer, shall sponsor drug prevention programs, activities and information campaigns for the purpose of educating out-of-school youth and street children on the pernicious effects of drug abuse. The programs initiated by the Center shall likewise be adopted in all public and private orphanages and existing special centers for street children.